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2018 Georgia Code 20-2-490 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-490 Case Law from Google Scholar Amendments to OCGA 20-2-490

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 9 LOCAL PUBLIC SCHOOL FINANCES

20-2-490. Municipalities authorized to levy school taxes.

Authority is given by the Constitution of Georgia to municipalities now authorized by law to operate independent school systems to maintain public schools in their respective limits by local taxation.

(Ga. L. 1919, p. 288, § 127; Code 1933, § 32-1111; Ga. L. 1946, p. 206, § 14.)

Cross references.

- Authority of municipal corporations to maintain existing independent school systems, Ga. Const. 1983, Art. VIII, Sec. V, Para. I.

Municipal tax for independent school systems, § 48-5-405.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1910, § 1551 (130, 134, and 153), which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Section is interpreted in the light of fundamental restriction upon taxation imposed by the constitution of this state and will not be given a construction which violates the constitutional provision. Penick v. Foster, 129 Ga. 217, 58 S.E. 773, 12 L.R.A. (n.s.) 1159, 12 Ann. Cas. 346 (1907); Almand v. Board of Educ., 161 Ga. 911, 131 S.E. 897 (1926) (decided under former Code 1910, § 1551(130), (134) and (153)).

Levying tax within independent school district for support of county schools.

- This section does not authorize county authorities to levy a tax upon taxable property within an independent school district existing in a city for the support of the public schools of the county under the control of the county board of education. Almand v. Board of Educ., 161 Ga. 911, 131 S.E. 897 (1926) (decided under former Code 1910, § 1551(130), (134) and (153)).

Local tax election will be held void if notice was not in compliance with section. Dooly v. Mayor of Fairmount, 146 Ga. 689, 92 S.E. 209 (1917) (decided under former Code 1910, § 1551(130), (134) and (153)).

Persons entitled to vote in bond election.

- No person is lawfully entitled to vote in a school district bond election held under this section whose name does not appear on any list of the county registrars filed with the clerk of the superior court of the county showing the names of the registered voters of the county entitled to vote. Chapman v. Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921); Trustees of St. Clair Sch. Dist. No. 10 v. Broxton, 38 Ga. App. 65, 142 S.E. 575 (1928) (decided under former Code 1910, § 1551(130), (134) and (153)).

Cited in Board of Educ. v. Bates, 114 Ga. App. 343, 151 S.E.2d 524 (1966); McDaniel v. Thomas, 248 Ga. 632, 285 S.E.2d 156 (1981).

RESEARCH REFERENCES

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 78, 79.

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